A will gives a family and its fiduciaries a written account of a person’s wishes. When questions arise about its validity, Florida law provides specific grounds and procedures for a contest action. Understanding those rules can also help when preparing a clear estate plan or carrying out an estate administration.
Florida Will-Contest Deadlines
Deadlines depend on the notice served and the stage of the proceeding. An interested person served with a notice of administration generally must file an objection to the will’s validity within three months after service. Three months should not be treated as an automatic 90-day period.
Formal notice of a petition for administration generally requires written defenses within 20 days after service. If that notice is served before letters are issued, or notice is waived, Florida law limits later challenges. Have counsel review the actual notice and procedural history promptly to determine the applicable deadline.
Grounds for Questioning a Will’s Validity
A challenge must rest on a legally recognized ground. Examples include:
- Improper execution: A will must satisfy the applicable signing and witnessing requirements. Failure to follow those formalities may affect its validity.
- Lack of testamentary capacity: The person making the will must have the required mental capacity when the will is executed. A diagnosis of dementia or another condition is relevant evidence, but it does not automatically establish incapacity at the time of signing.
- Undue influence or duress: Improper pressure or coercion that procures the will or a provision may affect its validity.
- Fraud: Deception that procures the will or a particular provision can provide a basis for a challenge.
How a Court’s Decision May Affect the Estate
A court may uphold the will, determine that the entire will is invalid, or invalidate a particular provision. The effect depends on the grounds established and the circumstances. Florida law allows unaffected portions to remain valid when only part of a will was procured by fraud, duress, mistake, or undue influence, provided the remainder is not invalid for another reason. If the entire will is invalid, the effect of any earlier will and Florida’s intestacy rules must be considered.
Estate Planning and Probate Guidance
Thoughtful planning can make your wishes easier to understand and carry out. Verras Law focuses on estate planning, trusts, and probate, helping clients create clear plans and guiding personal representatives and trustees through administration. Contact us to discuss your plan or the responsibilities of an estate or trust you are administering. If a question arises in a matter we are handling, we can help you understand the available next steps.